Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
What is the best way to get a lawyer to represent you in a contested or uncontested divorce?
Many people wonder whether hiring a lawyer in a contested versus an uncontested divorce will save them time and money. Is it really necessary? Here are the main advantages and disadvantages of each. Find out if you need a lawyer for your situation. Also, don't forget the pros and cons. We'll also cover the differences in uncontested and contested divorces.
Cost of a Divorce
The costs of a contested versus uncontested divorce vary greatly, but the same principles apply to both. Uncontested divorces are easier to handle, but it's more costly to file for trial. The attorney fees and court fee are usually the same. However, a divorce that is contested can lead to additional costs. There are many issues that can be litigated during a trial. They include child support, maintenance, pensions and property division. The cost of these items can also increase the couple's final divorce settlement.
If your marriage is amicable and neither party is trying to hide something, a mediated divorce will be the least expensive option. A couple can reach a settlement agreement through mediation before filing for divorce. Some states require that the divorce proceedings be mediated before they can be filed. Judges may also require mediation in certain cases. However, you should be aware that mediation may not be the best option for every situation.
Both contested and uncontested divorcing are costly, but uncontested divorces tend to be the least expensive. However, the costs of a contested divorce can exceed $10,000, including attorney fees, court costs, and other miscellaneous expenses. An attorney can be costly, but it can help you protect your rights. A study showed that 11% paid $100 per hour for an attorney, and 20% paid $400.
How Long Does A Divorce Take to Settle?
There are two types of divorce: contested and uncontested. Although both are legal, the uncontested divorce is less costly. Uncontested divorces may not be for everyone. Although you have reached an agreement to file for divorce, it doesn't guarantee that the process will be straightforward. If you and/or your spouse can't agree on any major issues, you will need to hire an attorney or mediator. In certain cases, you may be able obtain the divorce without the involvement of a lawyer.
If you and your spouse agree on everything, an uncontested divorce will generally take about six weeks. However, each divorce is different and the timeframes can vary. Some divorces are easy and quick, lasting less than six week. Others may take many months to resolve. It can take even longer if your spouse has been slow in returning paperwork. In these cases, it may be necessary to hire a lawyer.
The biggest difference between uncontested and litigated divorces is how long it takes. If one party refuses negotiation, the whole process could take months or even years. An uncontested divorce, on the other hand can be done quickly as no one is disputing anything. This type divorce usually involves more stress which leads to both parties spending more time and money.
Am I Required to Hire a Lawyer for a Uncontested or Contested divorce?
Whether you should hire a lawyer for contested v and uncontested divorce depends on your state's specific laws. In states that require a lawyer to file for divorce, uncontested divorces are easier to obtain. There is often less stress and expense associated with uncontested divorces, and they tend to preserve the relationship between the parties. Most people hire a lawyer to help them with contested divorces.
Before you decide whether to retain a lawyer for your divorce, make sure that you are familiar with the laws. In many states, a final hearing must be held before a divorce is final. If both parties are happy with the settlement, the divorce proceedings can be finalized. A judge will sign judgments in states that don't require a final hearing. Some states require a waiting time before a divorce can proceed.
An uncontested divorce requires cooperation from both sides. Uncontested divorces are when both the spouses agree on the main terms of the divorce. This includes child custody and support. Usually, this will involve a settlement agreement as well as the division and payment of marital property and debts. The judge will then review the agreement and approve final divorce decrees. Uncontested divorces are relatively inexpensive. In many states, a divorce lawyer costs as little as $200.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below